Hicks won't get a fair trial, says lawyer

July 8 2003

Australian terrorist suspect David Hicks was unlikely to receive a fair trial or proper defence when tried before a US military tribunal, the head of America's criminal defence lawyers group said today.

US National Association of Criminal Defence Lawyers president Lawrence Goldman said there would be no confidentiality between lawyers and clients - a basic tenet of any legal representation - which would make it virtually impossible to hold a fair trial.

Hicks, of Adelaide, will be one of the first detainees being held at the US base at Guantanamo Bay, Cuba to face trial before a US military tribunal.

US President George W Bush has designated six captives in what he has called the war on terrorism as eligible to be tried before US military commissions.

Mr Goldman said the US government had made it clear all conversations between detainees and their lawyers would be recorded. ");document.write("

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"I would be very nervous if I were a client, to tell me lawyer certain facts that I think could be harmful to my case or even helpful to my case," he told ABC Radio.

"So it becomes an almost impossible situation."

Mr Goldman said the military court was likely to be biased.

"The judges, as such, are military people, most likely senior military people," he said.

"The cases have been recommended for trial by the President of the United States or his designate.

"It's going to be very difficult, I'm not saying it won't happen, but it is going to be very difficult for any senior military officer who has any career aspirations to vote to acquit someone who the president of the United States has designated for prosecution."